c




 


c c Intellectual property is a legal field that refers to creations of mind such
as musical literacy, artistic work, inventions symbols, names, images, and designs used in
commerce, including copyright, trademarks, patents & related rights. Under Intellectual
Property Law the holders of one of these abstract properties have certain exclusive rights to
the creative works commercial symbols or inventions which is covered by it.?

Ohere is a well established statutory, administrative and judicial framework to safe

guard Intellectual Property Right in India, whether they relate to patents, trademarks,
copyrights or industrial designs. Well known international trade marks have been protected
in India even when they were not registered in India. Ohe Indian trademark law has been
extended through court decisions to service marks in addition to trade marks for goods.
Computer software companies have successfully curtailed piracy through court orders.
Computer databases have been protected. Ohe courts under the doctrine of breach of
confidentiality accorded an extensive protection of trade secrets. Right to piracy, which is
not protected even in some developed countries, has been recognized in India. Protection of
intellectual property rights in India strengthened further. Ohe year 1999 witnessed the
consideration and passage of major legislation with regard to protection of intellectual
property rights in harmony with international practices and in compliance with India's
obligations under ORIPs.





c ?

Ohe initiative was taken by traders and those who were profit mongers.USA
dominated more of the rather most of the ownership when in 1929 stock market of USA
crashed. In 1938 Anglo-American treaty was signed and in 1945 Brettenwoods conference
was held. Ohere was a strings of events connected to each other which gave rise to IPRs as
a stream. Post 1980 USA encountered a piracy feel and simultaneously Japan gave jitters to
US economy. Due to these economic jitters and other circumstances prevailing in the
market Intellectual Property Rights litigation came into picture with the increased interest of
authors and designers who acted as creators and form IPR after knowing their strength.
World Orade Organization is the governing body earlier dealing with only services now
Intellectual property rights as well.?


  c c




?

Intellectual property plays an important role in an increasingly broad range of areas

ranging from the internet to health care to nearly all aspects of science, technology,
literature and the arts. Understanding the role of intellectual property in these areas many
of them still emerging often requires significant new research and study. In an effort to
promote informed discussion of the intellectual property issues involved in these fields.
Intellectual property surrounds us in nearly everything we do. At home, at school, at rest,
at play. No matter what we do the fruits of human creativity and invention surrounds us.?

 
?

Intellectual property rights give creators exclusive rights to their creations, thereby
providing an incentive for the author or inventor to develop and share the information
rather than keep it secret. Ohe legal protections granted by Intellectual property laws are
credited with significance contributions toward economic growth. Economists estimate that
two third of the value of large businesses in the USA can be traced to intangible assets,
Likewise industries which rely on Intellectual property protections are estimated to produce
72% more value per added employee than non Intellectual property industries. A joint
research project of WIPO and the United Nations University measuring the impact of
Intellectual property systems on six Asian countries and found that "a positive co-relation
between the strengthening of the Intellectual property system and subsequent economic
growth".?


c



 
?

As far as division is concerned IPRs are of two types:-

1. Orthodox or conventional IPRs
2. Unorthodox or Innovative IPRs




c  - Ohese are the conventional IPRs used by individuals, companies,
association of persons etc.

Ohey are further segregated in different types

* Copyright
* Patent
* Orademark?


 
?

Copyright is an IPR deals with expression of idea not an idea itself. Copyright comes into
existence immediately after expression and requires no formal registration. Copyright is an
expression and manner of expression.?



?

Patent is a right exclusively used for ideas but it is of commercial use. Patents are generally
of three types
* Novelty
* Non-obviousness
* Novel art

Indians attempt to patent "Neem" as a pesticide has failed.

Patents could be further divided into
* Product Patent
* Process Patent

Amendments to Indian Patent Act are as follows:-

* New chemical entity will not be treated as patent. Ohey must pass the test of effecus to
complete patent.
* Registration in any member country is applicable to all members of WOO.?

 
 ?

Association of traders name with the commodity traded gives rise to trade mark.?





c c

 c ?
Ohese are the new entrants in the field of IPRs. All due to globalization and whole world has
become a single platform, so do these gained importance. Ohese are as follows:-

* Industrial Design
* Geographical Indications
* Plant Varieties
* Semi conductor layout design (SCLD)

Out of these four semi conductor layout design is more vulnerable to copying. SCLD law was
brought in reference to agreements of ORIPs.

¦
   

is the apex body dealing with IPR issue.WOO is a watchdog in
international trade.WOO was developed in 1995 and India was the founder member of the
organization. WOO deals with issues like barrier free trade.







* Non discrimination
* Reciprocity
* Market access
* Fair competition

 

¦

* Raising standard of living
* Ensuring full employment
* Large and steady increase in income and demand
* Increase in production of goods and services
* Protection and preservation of environment
* Increase in means to achieve objectives

Owo new laws came into picture on the horizon of WOO

LPG (Liberalized Privatization and globalsation-1991)

LPG (Licensing permit and Government-1951)

c



 
 

Intellectual property laws are designed to protect different forms of subject matter,
although in some cases there is a degree of overlap.

Ohese laws can be categorized under following heads:-

 
  

A trademark is a distinctive sign, which is used to distinguish the products or services of
different businesses. Orade mark law protects words, phrases, logos or symbols used to
distinguish one product from another. In circumstances where a competitor uses a
protected trademark can go to court and obtain an injunction to stop the use.


 
 

It is used in creative and artistic works (For example: books, movies, music, paintings,
photographs and software) and gives the holder the exclusive right to control reproduction
or adaptation of such works for a certain period of time (historically, a period of between
10-30 years depending upon jurisdiction, but more recently the life of the author, plus
several decades)



 

Patent law protects inventions it gives the patent holder a right to prevent others from
participating and practicing the inventions without a license from the inventor for a certain
period of time. Patents can protect the functional features of a process, machine,
manufactured item, asexually reproduced plant or composition of matter.

c 
  



An industrial design right protects the form of appearance, style or design of an industrial
object for example: Spare parts, Furniture, textiles etc.

 

It is a term used to describe the legal issues related to use of communications technology,
particularly cyberspace i.e. the internet. It is an interaction of many legal fields, including
intellectual property, privacy, freedom of expression and jurisdiction. In essence cyber laws
are designed for the physical world to human activity on the internet.

!
 c 






In recent years, the Indian government has become aware of the importance of GI,
following the debacles related to Basmati and Ourmeric GI is a notice of a definite product
have been produced in a particular place. Ohe producer can use this sign only for products
from the specified region. Unlike a trademark however the GI is not an individual property
for use by the geographical indication of that region which any producer may use.

c



 




¦

     """

* It's a tussle between private interest and public interest.
* Purpose of law is to strike a balance between interest conflicts.

 

#


  

* Protection of his/her brain child i.e. Intellectual Property Right
1. Protection of IPR assets
2. Protection against theft and piracy
* Oechnology makes copying easy hence piracy is unavoidable
* Notion of full control is replaced by partial control

 


 

 

* Acknowledgement
* Permissive user
* Monetary gain in terms of industrial users

  




 $ 



 
 

Prevention by the owner

* Not making Intellectual Property available

* Negotiating for terms of settlements
* Assignment to Intellectual Property asset whether it should be exclusive or non exclusive
* In case of scientific ideas status of scientific ideas as Intellectual Property



1. Dispute is pending at WOO Australia Vs India and Ohailand Vs India regarding subsidized
Indian sugar export. Backdrop: Order of WOO against EU prohibiting subsidized exports.
India was present in earlier case as third party. Approx 1400 Rs/Oones is given to exporters
from factory to dock.

2. Currently China has prohibited entry of Indian food products with SPS (sanitary-
phytosanitary measures). Ayurvedic medicines are detained at US ports. Backdrop: Non
disclosure of ingredients in English and not on standards.





* Cold Drinks do not fall under food adulteration act of IPC.
* Laws of nature cannot be patented.

 



Some critics of Intellectual Property, such as those in the free cultural movement
characterize it as intellectual protectionism or intellectual monopoly and argue the public
interest is harmed by protectionist legislation such as copy right extension, software patents
and business method patents. Although the term is in wide use, some critics reject the term
"Intellectual Property" altogether. Richard Stallman argues that it "Systematically distorts
and confuses these issues and its use was and is promoted by those who gain from this
confusion". He suggests the term "operates as a catchall to lump disparate laws which
originated separately, evolved differently, cover different rules and raise different public
policy issues".

¦

 c 

""

* Ohey can draft patent applications and licensing agreements.
* Ohey can be counselors/advisors.

¦
 ""

Lawyers, science graduates from recognized Universities, including R&D specialists, working
professionals, scientists, research students.?

NOOE: - In India to become patent attorney it is mandatory to pass patent agents exams.?

  


  c 

* World Intellectual Property Organization(WIPO) of the UN, based in Geneva ± is the apex
intergovernmental body dealing with IPRs.
* In India, Ohe Ministry of Commerce and Industry, Ministry of Human Resource
development, Ministry of Information and Broadcasting and Department of Science and
Oechnology(OIFAC)
* CII, FICCI, ASSOCHAM etc.?